BackBombay HC adjourns hearing on Aryan Khan bail plea till Thursday
Today, lawyers of accused Aryan Khan, Munmun Dhamecha and Arbaz Merchant concluded arguments on their bail applications. For NCB, ASG Anil Singh will respond to the arguments tomorrow
PremiumMumbai cruise drugs case: The Bombay High Court on Wednesday adjourned the hearing on Aryan Khan's bail plea till Thursday. Today was the second day of hearing on bail pleas filed by Aryan and two others in Bombay High Court.
Former Attorney-General of India Mukul Rohtagi had concluded his arguments for bail for Aryan Khan on Tuesday. Today, he requested the Bombay HC to go through the arrest memo again. He pointed out that at the time of Aryan Khan's arrest there were no charges of conspiracy.
In an affidavit filed in Bombay HC, the Narcotics Control Bureau (NCB) has opposed Aryan Khan's bail application, saying that if granted bail he can affect the probe, influence the witnesses and tamper with the evidence.
"There is an international drug racket going on and the agency needs time to unearth it. If given bail, Aryan can affect the investigation, influence the witnesses and tamper with the evidence," the NCB said.
Today, lawyers of accused three accused — Aryan Khan, Munmun Dhamecha and Arbaz Merchant — concluded arguments on their bail applications. ASG Anil Singh will respond to the arguments on Thursday.
Munmun Dhamecha's lawyer Kaashif Khan Deshmukh said the arguments of accused number 1, 2 and 3 have concluded. "Hearing scheduled for 3 pm tomorrow for further arguments," he said.
Arguing for Munmun before the HC, Deshmukh said, "I am a fashion model and do stage shows and ramp walks. I was invited by one person on the cruise for my professional obligations."
Accused Arbaz's lawyer Amit Desai told the HC, "As far as WhatsApp chat is concerned, it is very clear that there is not a single chat which supports the conspiracy theory in this case. We're struggling with the problem of media trial."
He also said that there was medical test to ascertain the consumption. "We were arrested for an offence, under Section 27 of NDPS Act, which didn't take place," Desai told the court.
Aryan Khan, Merchant and Dhamecha were arrested on October 3 following a raid by the NCB on a cruise ship off the Mumbai coast and alleged seizure of drugs.
Rohatgi on Tuesday told the court that nothing was recovered from his client, no medical was done to ascertain is he has taken any drug and "there was no recovery, no consumption". He further said there was "no case of possession of drugs" against Aryan Khan and that he was arrested wrongly. He said, "it was fit case for bail".
Rohatgi said Aryan Khan was invited to the cruise as a special guest. "He was invited by one Pratik Gaba. He was like an organiser. He invited accused 1 Aryan and accused 2 Arbaz Merchant. Both were invited by the same person. They both landed up together at the cruise terminal," Rohatgi said.
"It appears that NCB had some prior information that people on this cruise were having drugs so they were present in a certain strength. My client, Arbaz and many others were apprehended. A search was conducted and nothing was recovered from the accused one (Aryan Khan). No medical at any point was conducted to ascertain if he has taken any drug," he added.
Rohatgi said six grams of charas was recovered from Arbaz Merchant and Aryan had no relation with him except for arriving with him there. "There was no recovery. There was no proof of consumption," he said. "Many others were found with some amount of drugs so they allege that there was a general conspiracy. They are not charging me with consumption or possession but with conspiracy and conspiracy not with Arbaz but others," the former AG argued.
"His statement was recorded under NDPS Act Section 67, which was retracted the next day. We have raised this issue in the Supreme Court. As there was no recovery no consumption, I say that I'm (Aryan Khan) arrested wrongly. What is put against me is that accused 2 (Arbaz Merchant) came with me and was having something with him. So I am charged with conscious possession of drugs," Rohatgi said.
"How can I be charged with conscious possession if someone carried something in his shoes? There's one more thing put against me (Aryan) - my WhatsApp chats of 2018, 2019 and 2020. These chats are not related to the Cruise case. The cruise case started with Gaba (Pratik Gaba) and ended there. There is no connection between my chats and the present case of cruise.
"Accused 2 (Arbaz Merchant) says that he was not having possession (of drugs) but it was planted on him. Whether it was planted or it was in his possession, I have nothing to do with that. Twenty-three days have passed till today and I had nothing to do with all this," he added.
With agency inputs
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